HomeMy WebLinkAbout3425 Ordinance - Recorded 1578701
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PASCO CITY OF
ORDIN 15.00 Franklin Cc, WA
ORDINANCE NO.--?/
AN ORDINANCE assigning zoning to certain real property within the City of
Pasco.
WHEREAS, on April 20, 2000, the Planning Commission of the City of
Pasco conducted a public hearing to develop a recommendation for the
assignment of zoning to certain properties; in the event those properties were
incorporated within the City; and
WHEREAS, on June 5, 2000, Ordinance No. effectively
annexed certain real property to the City of Pasco; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO
ORDAIN AS FOLLOWS:
Section 1. That the following described area, situated in Franklin
County, Washington to-wit:
Short Plat 97-11 and the west 43 feet of the northeast quarter of the northeast
quarter of the northeast quarter of Section 21 Township 9 North Range 29
East, and the west 160 feet of the east 622 feet of said northeast quarter of the
northeast quarter of the northeast quarter northeast quarter of the northeast
quarter of the northeast quarter of Section 21 Township 9 North Range 29
East, together with the north half of the northwest quarter of the northwest
quarter of the northwest quarter of Section 22, Township 9 North Range 29
East, except County Roads.
as depicted in the map attached hereto and labeled Exhibit 1 be and the same
is hereby assigned R-S-12 ( Suburban Residential) zoning.
Section 2. That the following described area, situated in Franklin
County, Washington to-wit:
The east 462 feet of the north half of the northeast quarter of the northeast
quarter of the northeast quarter of Section 21 Township 9 North, Range 29
1578701
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PASCO CITY OF ORDIN 15.00 Franklin Co, WA
East, W.M., except County Roads, together with the north 230 feet of the of
the west 160 of the east 622 feet of the northeast quarter of the northeast
quarter of the northeast quarter of Section 21 Township 9 North, Range 29
East, W.M., except County Roads;
as depicted in the map attached hereto and labeled Exhibit 1 be and the same
is hereby assigned C-1 ( Retail Business) zoning as condition by a concomitant
agreement which is attached hereto and is identified as Exhibit"2"
Section 3. That any and all zoning maps be and the same are hereby
amended to conform to the aforesaid assignment of zoning.
Section 4. This ordinance shall be in full force and effect on July 1, 200.
PASSED b the City Council of the City of Pasco this 5th day of June,
y ty tY
2000.
Michael Garrison, Mayor
ATTEST:
l
Catherine D. Seaman, Deputy City Clerk
APP AS TO FORM:
Leland B. Kerr, City Attorney
-2-
1578701
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PASCO CITY OF ORDIN 15.00 Franklin Cc, WA
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1578701
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PASCO CITY OF ORDIN 15.00 Franklin Co, WA
CONCOMITANT ZONING AGREEMENT
WHEREAS, the City of Pasco, Washington, a non-charter code city,
under the laws of the State of Washington (Chapter 35A.63 R.C.W. and Article
11, Section 11 of the Washington State Constitution) has authority to enact
laws and enter into agreements to promote the health, safety and welfare of its
citizens, and thereby control the use and development of property within its
jurisdiction; and
WHEREAS, the Owner(s) of certain property have applied for a rezone of
such property described below within the City's jurisdiction; and
WHEREAS, the City pursuant to R.C.W. 43.12(c), the State
Environmental Policy Act, should mitigate any adverse impacts which might
result because of the proposed rezone; and
WHEREAS, the City of Pasco and the Owner(s) are both interested in
compliance with the Pasco Municipal Code provisions relating to the use and
development of property situated in the City of Pasco, described as follows:
(SEE PAGE 2, #5, LEGAL DESCRIPTION)
WHEREAS, the Owner(s) have indicated willingness to cooperate with the
City of Pasco, its Planning Commission and Planning Department to insure
compliance with the Pasco Zoning Code, and all other local, state and federal
laws relating to the use and development of the above described property; and
WHEREAS, the City, in addition to civil and criminal sanctions available
by law, desires to enforce the rights and interests of the public by this
concomitant agreement, NOW, THEREFORE,
In the event the above-described property is rezoned by the City of Pasco
to C-1 (Retail Business) and in consideration of that event should it occur,
and sub'ect to the terms and conditions hereinafter stated, the applicant does
J
hereby covenant and agree as follows:
1. The Owner(s) promise to comply with all of the terms of the agreement in
the event the City, as full consideration herein grants a rezone on the above-
described property.
2. The Owner(s) agrees to perform the terms set forth in Section 4 of this
agreement.
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PASCO CITY OF ORDIN 15.00 Franklin Co, WA
3. This agreement shall be binding on their heirs, assigns, grantees or
successors in interest of the Owner(s) of the property herein described.
4. Conditions:
A. The development shall comply with the following requirements:
1) Building heights shall not exceed thirty-five (35) feets;
2) Signage shall not exceed thirty-five (35) feet in height;
3) Outdoor lighting and sign lighting permitted by PMC Title 17 as
conditioned herein shall be designed to limit secondary effects on
neighboring properties. Back lit facias, parapet walls, fuel island
canopies and main building walls shall be prohibited
B. The following uses shall be prohibited:
1) Taverns;
2) Membership Clubs for fraternal organizations such as the VFW,
the Moose and similar organizations;
3) Automotive repair;
4) Automotive and similar sales;
5) Upholstery shops;
6) Billard/Pool Halls:
7) Amusement Game Centers;
8) Card Rooms/Bingo Parlors;
9) Dance Halls
10) Any other use or activity similar to those listed above.
5. Legal Description:
The east 462 feet of the north half of the northeast quarter of the northeast quarter of
the northeast quarter of Section 21 Township 9 North, Range 29 East, W.M., except
County Roads, together with the north 230 feet of the of the west 160 of the east 622
feet of the northeast quarter of the northeast quarter of the northeast quarter of Section
21 Township 9 North, Range 29 East, W.M., except County Roads;
The person(s) whose names are subscribed herein do hereby certify that
they are the sole holders of fee simple interest in the above-described property:
CONCOMITANT ZONING AGREEMENTPAGE 2 OF 3
1578701
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PASCO CITY OF ORDIN 15.00 Franklin Co, WA
Owners:
36
STATE OF WASHINGTON)
ss.
County of Franklin }
this personally appeared before me
to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as
his/her/their free and voluntary act and deed for the uses and purposes
therein mentioned.
Given under my hand and official seal of �� day of
ov,0� otary Public in and for the Stat4it—�ee-k
of Washington, residing at
NOT,M`
CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3
1578701
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PASCO CITY OF OROIN 15.00 Franklin Co. WA
Owners
STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day personally appeared before me
/-C,VA Lo. to me known to be the individual(s) who
executed the within and foregoing instrument on the lines above as
his er/their free and voluntary act and deed for the uses and purposes
erein mentioned. W�+ f)L a s�I-T-0 L W �00$G;�:,
Gi en under my hand and official seal of - ��t day of
2000.
ca
Notary PPblic in and for the State
of ington, residing at &sa-1 .
2
CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3
1578701
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PASCO CITY OF ORDIN 15.00 Franklin Co, WA
-- — — Owners:
? sCo 4,L4Sk JO/
STATE OF WASHINGTON)
ss.
County of Franklin )
On thi day personally appeared before me
U to me known to be the individual(s) who
executed the within ' and foregoing instrument on the lines above as
his/her/their free and voluntary act and deed for the uses and purposes
therein mentioned.
Given under my hand and official seal of y day of
2000.
O ,%ID1► C• N tart' Public in and for the State
�y of Washington, residing at
MQTMy
06
WA
CONCOMITANT ZONING AGREEMENTPAGE 3 OF 3